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Rhode Island Superior Court Centennial 1905-2005 HELIN Consortium HELIN Digital Commons Library Archive HELIN State Law Library 2005 Rhode Island Superior Court Centennial 1905-2005 Follow this and additional works at: http://helindigitalcommons.org/lawarchive Part of the Law Commons, and the Legal Commons Recommended Citation "Rhode Island Superior Court Centennial 1905-2005" (2005). Library Archive. Paper 6. http://helindigitalcommons.org/lawarchive/6 This Article is brought to you for free and open access by the HELIN State Law Library at HELIN Digital Commons. It has been accepted for inclusion in Library Archive by an authorized administrator of HELIN Digital Commons. For more information, please contact [email protected]. RHODE ISLAND SUPERIOR COURT CENTENNIAL 1905-2005 GREETINGS! As the Presiding Justice of the Superior Court for the State of Rhode Island, it is my pleasure to present you with this booklet outlining the history of the Rhode Island Superior Court, the responsibilities and jurisdiction of the Superior Court and biographies of the justices and magistrates who have served on the Superior Court since its inception in 1905. I hope you find the enclosures both informative and interesting. Joseph F. Rodgers, Jr. PRESIDING JUSTICE 1 History of the Rhode Island Superior Court 1905-2005 With the dawn of the 20th Century, the need to restructure Rhode Island's anti- quated and overburdened Judicial System became apparent. Up to that point Su- preme Court Justices alone had the constitutional authority to instruct juries. Thus, in 1902 the Rhode Island Senate sought and received an advisory opinion from the Rhode Island Supreme Court which interpreted the State Constitution so that jury trials could be conducted not only by Judges of the Supreme Court but also by Judges of legislatively created "inferior courts." Opinion to the Senate, 24 Rhode Island 625 (1902). Responding to this Opinion on April 13, 1904, the General Assembly by Resolution created a commission "to report on changes in the laws of the state nec- essary to carry into effect Article XII of Amendments of the Constitution." The Commission organized on April 16, 1904, elected John H. Stiness as Chairman and Richard W. Jennings as Secretary and recommended "... that the Supreme Court shall have revisory and final jurisdiction ... and that a subordinate, original juris- diction court, called the 'Superior Court,' should consist of six judges." In addi- tion to conducting jury trials, the Commission also recommended that equity causes be transferred to the Superior Court from the Supreme Court. 2 Accepting the Commission's recommendations, the General Assembly on May 3, 1905, passed "an act revising the Judicial System of the State to conform to Article XII of Amendments of the Constitution." Specifically, in Chapter 2, sec- tions 4 and 5, it declared that "there shall be a Superior Court which shall consist of a Presiding Justice and five Associate Justices." The Justices were to be elected by the General Assembly in Grand Committee and hold office during good behav- ior, unless removed by impeachment or by the concurrent resolution passed by 3/5 of the members of each house. The Superior Court was given exclusive, original jurisdiction of suits and proceedings in equity, petitions for divorce, actions where real estate was at issue, and actions at law for debts and damages in excess of $500. The Court also had original jurisdiction over all crimes except as provided by law, along with all appeals as provided by law, including Probate Court appeals. Chapter 2, Section 23, required that "in every case, civil and criminal, tried in Su- perior Court with a jury, the justice presiding shall instruct the jury in the law relat- ing to same ..." Chapter 4, Section 38, set the sessions of the Superior Court for Providence and Bristol counties at Providence (with cases periodically tried in Bristol and Woonsocket), as well as sessions for Newport, Kent and Washington Counties. Over the years, as caseloads increased and specialized courts developed, some of the Superior Court's original responsibilities devolved. In 1954, Worker's 3 Compensation matters were transferred to the newly created Workmen's Compen- sation Commission (now Worker's Compensation Court), and in 1961, domestic relations matters were assigned to the Rhode Island Family Court. By 1933, the method of selecting Justices of the Superior Court had changed so that the appointive authority became the Governor with the advice and consent of the State Senate. With a continued increase in the number of cases handled, the size of the Court expanded from its original six members. By 1935, there were eleven members, and by 1969, there were thirteen. Since February 1993, the Court has consisted of twenty-two Justices. Starting in 1988, Magistrates were assigned to the Court. There are presently five. In all, there have been ninety-two Justices of the Superior Court, of whom fourteen have served as Presiding Justice. Buildings of the Superior Court The Providence County Courthouse The Providence County Courthouse, located between Benefit and South Main Streets, occupies the area originally reserved by the "home lots" of Roger Williams and his followers. The corner-stone of the building was once the site of the home of Stephen Hopkins, Chief Justice of the Court of Common Pleas, ten times Gov- ernor of Rhode Island, Chancellor of Brown University and signer of the Declara- tion of Independence. In order to preserve his house and accommodate the con- 4 struction of the new building, it was moved to its current address on the southwest corner of Benefit and Hopkins Streets. At the opposite side of the site of the new courthouse, at the junction of College and Benefit Streets, once sat the Town House. This building, erected in 1723, was once the scene of public meetings and occasionally used as a courthouse. Years later, the most prominent building to occupy the present site of the Provi- dence County Courthouse was the Old Providence County Courthouse which was located on the corner of Benefit and College Streets. The old courthouse, with its ornate gothic design, was dedicated on December 18, 1877. However, by the early 1920's it had become an inadequate facility for the growing activity in the courts. Hence, in 1923, the General Assembly passed a resolution creating a commission to "consider the selection of the site and the preparation of preliminary plans for a new court in the City of Providence." After careful consideration, the commission chose the site on which the court now stands. The architects chosen to design the new building were Jackson, Robertson and Adams of Providence. The J.W. Bishop Company was selected as general contractor with Henry J. Woodward named as resident engineer. The commission formulated a plan allowing a large portion of the new facility to be constructed and ready for use before the old court- house was torn down. As such, the southern portion of the building along South Main Street and the portion along Hopkins Street was started in March 1928, and 5 completed in February 1930. With the removal of the old building along Benefit and College Streets, the northern portion of the building was started in July 1931, and completed in July 1933. The Providence County Courthouse was formally dedicated on September 28, 1933. In 1986, it was dedicated as the Frank Licht Ju- dicial Complex in honor of the former State Senator, Governor and Associate Jus- tice of the Rhode Island Superior Court. A magnificent example of Georgian Co- lonial architecture, the building is now one of Rhode Island's great historical landmarks. Kent County Courthouse For many years the Superior Court sat in the former State House on Main Street in East Greenwich. This building, constructed in 1750, displays the Wren Baroque detail of the mid-eighteenth century, as well as the federal forms of the early nine- teenth century, due to its remodeling in 1804. It was last used by the Superior Court in the early 1970s and presently serves as the East Greenwich Town Hall. The Court later moved to an office building in Warwick named after James W. Leighton, a Judge of the Rhode Island District Court. A new courthouse, designed to meet the needs of the 21st century, is scheduled to open in 2006. 6 Newport County Courthouse Prior to the construction of the present courthouse in 1923, the Superior Court sat on the second floor of the Colony House, one of Rhode Island's five State Houses. In order to prepare the site for the new building across the street from the Colony House, the historic Levy Gale house had to be moved to its present location at 85 Touro Street, where it now serves as the Jewish Community Center. W. Crandall Appleton was the architect, and Frank A. Stearns was the builder of the present fa- cility. In 1990, a third floor was added to the building. It was then named in honor of Florence K. Murray, former State Senator, Associate and Presiding Justice of the Rhode Island Superior Court, and Associate Justice of the Rhode Island Supreme Court. Washington County Courthouse The Superior Court first sat in West Kingston in a Richardsonian Romanesque style building constructed in 1894 and designed by Leslie P. Langworthy. It be- came the Courthouse Center for the Arts when a new Courthouse was constructed in Wakefield in 1988. The new building was dedicated to J. Howard McGrath, former Governor of Rhode Island, U.S. Solicitor General, U.S. Senator, and U.S. Attorney General. 7 Bristol County Courthouse Built in 1817 on a cemetery, it served as one of Rhode Island's State Houses until 1854. A striking example of Federal Civic architecture, it was altered in 1836, when brick walls were stuccoed, and again remodeled under the auspices of the WPA in 1936.
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